News & events

09-03-2017

Fifty Years of Unreasonable Restrictions Under the Unlawful Activities Act

The UAPA evolved over the years by a gradual but steady constriction of Article 19, which guarantees the fundamental freedoms of expression and assembly. A complete repeal is the only way forward. - The Wire, 9 March 2017

Soon after its adoption, the constitution of India was amended in 1951. At the time, several progressive judgements by the judiciary held that laws that curb fundamental rights are essentially unconstitutional and fundamental freedoms could only be curbed in the most extreme cases. The first amendment countered this by amending Article 19 to add the word ‘reasonable’ before restrictions and to add ‘public order’ as being one more ground for abridging fundamental rights.